Post by mr dio on Jul 8, 2007 6:15:14 GMT -5

A Las Milpas native convicted of stabbing a man nearly 100 times during a 1999 robbery moved one step closer this week to expected execution.

On Tuesday, a federal appeals court rejected Arturo Eleazar Diaz's challenge to his death sentence for that crime, despite the 31-year-old's claims that his family members were never called to the stand during the penalty phase of his trial.

Diaz has previously confessed to stabbing Michael Ryan Nichols, of McAllen, 94 times in the head neck and chest. But the convicted killer's relatives said Thursday they still believe he is innocent.

"The system has been unfair," Diaz's grandmother, Maria Elena Camacho, said in Spanish. "My grandson is not guilty."

Diaz's relatives argued that his childhood filled with poverty, neglect, violence and self-mutilation may have swayed a jury toward a more lenient punishment. But they were never asked to testify on his behalf, according to sworn affidavits included in his appeal.

But Tuesday, the New Orleans-based 5th U.S. Circuit Court of Appeals agreed with a federal district judge who had already ruled Diaz's attorneys were following their client's instructions when they

did not call family members to testify.

During a 2002 interview with The Monitor, Diaz admitted that he had stabbed Nichols and his roommate John Shepard while high on marijuana, cocaine and alcohol. But he maintained throughout the meeting - conducted at a state prison in Livingston - that he had no idea what he was doing.

"I did it, but my mind says it wasn't me," he said.

Diaz also confessed to killing another man - David Anthony Nichols, of Combes - by stomping on his head and bludgeoning his face beyond recognition with a hammer during a March 25, 1999, fistfight.

The 2 killings were found to be unrelated, despite the last names both victims shared.

Charges in connection with David Nichols' death were dropped because no one came forward to identify the victim.

It was Camacho, who had raised Diaz from the age of 5, who eventually turned her grandson in. After seeing his photo in news reports, she led authorities to his sister's home on April 11, 1999.

Police charged Diaz with capital murder and aggravated robbery for Michael Nichols' death and attempted capital murder for the attack on Shepard, who survived the stabbing.

"I turned him in," Camacho said in 2002. "I told him, 'If you're guilty, you have to pay.'"

At the time, her grandson told her that he killed Michael Nichols in self-defense during a fight over the use of the man's pickup truck. But evidence presented during his trial showed that Michael Nichols' hands and feet were bound shortly before his death.

The stabbing left deep wounds in his liver, kidney, lungs and heart and cuts to his head and neck, prosecutors argued. The tip of the knife broke off in his rib.

Diaz never testified on his own behalf during the portion of his trial that determined whether he was guilty or not guilty of the charges. His attorneys called no witnesses, arguing instead that the case did not merit a capital murder charge.

After an Hidalgo County jury found him guilty, his lawyers only called one witness - a psychologist who testified that Diaz had suffered head injuries during several fights and that those injuries could have impaired his judgment and perception of reality.

But the testimony was undercut by a written report, prepared by the practitioner, that portrayed Diaz as uncooperative and accused him of trying to fake mental illness.

On Feb. 16, 2000, Diaz was sentenced to two concurrent life sentences and the death penalty.

Although he now claims his family's testimony could have helped his case, he expressed discomfort during the 2002 interview with having his relatives in the courtroom during his trial.

"When they sentenced me, it felt weird," he said. "My family was there. I knew it hurt them to hear that."

Despite this week's setback, Diaz's appeal could still be considered by the U.S. Supreme Court, and no execution date has been set, Camacho said.

"They did a very bad thing for denying his appeal," she said. "He didn't do it."

Post by mr dio on Jul 8, 2007 6:23:25 GMT -5

Diaz has previously confessed to stabbing Michael Ryan Nichols, of McAllen, 94 times in the head neck and chest

"I did it, but my mind says it wasn't me," he said.

Diaz also confessed to killing another man - David Anthony Nichols, of Combes - by stomping on his head and bludgeoning his face beyond recognition with a hammer during a March 25, 1999, fistfight.

It was Camacho, who had raised Diaz from the age of 5, who eventually turned her grandson in.

Pretty straight forward it looked to me. Diaz brutally killed a young lady,and admits to killing a man he was never tried for. So how does his family conclude that he's innocent? Ms Camacho,the grandmother who turned him in says

"They did a very bad thing for denying his appeal," she said. "He didn't do it."

Now she sounds awful convinced he is innocent so how would she explain saying

"I turned him in," Camacho said in 2002. "I told him, 'If you're guilty, you have to pay.'"

Didn't sound so sure of his innocence before he got the admission ticket to the death chamber did she? I believe we can write her off as yet another witness who when the chips are down and the debt is due rush to recant their testimony and spare a killers life.

Shoutbox

kezzy: when you see the two of them together you cant help but wondering what she was doing with a man like Darin. He filed for divorce, for the first time it looks like she may get another chance and he files for divorceNov 20, 2014 16:30:50 GMT -5

kezzy: at one Darli said she knew who killed her boys, I believe she knew who it was and she couldn't speak out because his family was a big part of her support systemNov 20, 2014 16:32:20 GMT -5

kezzy: she failed the lie detector test because she knows who killed her boys and tried to kill her that was the deceptionNov 20, 2014 16:33:12 GMT -5

kezzy: Darin also failed now that does not make sense at all a full investigation should have been done on him did he have any wounds and did check to see if Darli may have been drugged at that is why she didn't know what was going on right awayNov 20, 2014 16:34:50 GMT -5

kezzy: Darin has made himself a constant in the media, even when he described how and where he found his kids, he showed no amotion and just trampled over the crime scene where the body was and gave details of how the boys diedNov 20, 2014 16:36:09 GMT -5

kezzy: For what ever reason the prosecutor did not seem to like or believe Darli I can relate to that because I never believed or trusted anything Darin said about the whole matter. He has just come across as a creepy man obsessed with sex and looks. Nov 20, 2014 16:38:29 GMT -5

kezzy: Darin never showed any sympathy to what Darli has gone through he onlu talked about how he sufferedNov 20, 2014 16:39:26 GMT -5

kezzy: Leeza commented on her show that nothing was missing from the crime scene Darin took that opportunity to jump in and say he lost his kids, you could see Leeza was not impressed phony behavior he goes on further to say how important family wasNov 20, 2014 16:41:52 GMT -5

kezzy: I have no idea if its to late for them to properly investigate Darin but they should try and do an investigation on him with what evidence they still have.Nov 20, 2014 16:43:00 GMT -5

kezzy: The investigator took the fifth, only half the photos of Darlis injuries were shown, there is no way she did all that injury to herself.Nov 20, 2014 16:44:22 GMT -5

alanthony05: remember minions, this is my case, and I never lose. if you want DNA; I'll do to the Lab and get it. That is how it is gone. This is want I want; this is who I am, this is what I want, if you don't give it to me, your done after a few phone calls. I care aDec 13, 2014 20:37:11 GMT -5

Guest: Bundy may have somehow gotten sperm to the woman...I've seen where other prisoners got caught doing that...Dec 20, 2014 23:55:49 GMT -5

southernangie: Neither would take the fall for the other. I STRONGLY feel Darin knew as soon as descended the stairs what had happened. There were lots of prewarning signs. Darin and Mrs.Kee both care more about their reputations than the truth and justice. Feb 4, 2015 19:03:26 GMT -5